An interesting decision is that of [case]. The defendant, a 76- year-old man, was sleeping in his garden shed in order to protect the items in it from burglars. The plaintiff was a burglar who attempted to break into the shed in the middle of the night whereupon the defendant fired a shotgun through a hole in the door. The actions that followed attracted a lot of media attention. Mr Newbery was acquitted of a charge of assault. Mr Revill pleaded guilty to burglary but then sued Mr Newbery in the civil courts for damages for the injuries received. Despite being a trespasser at the time, it was held that OLA 1984 created a duty in his favour, even though he was engaged in a criminal enterprise. Mr Newbery had failed to take reasonable care for Mr Revill's safety and was, therefore, liable. Mr Revill was found to be two-thirds contributory negligent. Effectively, the court stated that a duty was owed to the plaintiff but that his damages should be reduced because he was partly to blame for the injuries he received.
Answer
Revill v Newbery [1996] 1 All ER 291
Tags
#occupiers-liability #tort
Question
An interesting decision is that of [case]. The defendant, a 76- year-old man, was sleeping in his garden shed in order to protect the items in it from burglars. The plaintiff was a burglar who attempted to break into the shed in the middle of the night whereupon the defendant fired a shotgun through a hole in the door. The actions that followed attracted a lot of media attention. Mr Newbery was acquitted of a charge of assault. Mr Revill pleaded guilty to burglary but then sued Mr Newbery in the civil courts for damages for the injuries received. Despite being a trespasser at the time, it was held that OLA 1984 created a duty in his favour, even though he was engaged in a criminal enterprise. Mr Newbery had failed to take reasonable care for Mr Revill's safety and was, therefore, liable. Mr Revill was found to be two-thirds contributory negligent. Effectively, the court stated that a duty was owed to the plaintiff but that his damages should be reduced because he was partly to blame for the injuries he received.
Answer
?
Tags
#occupiers-liability #tort
Question
An interesting decision is that of [case]. The defendant, a 76- year-old man, was sleeping in his garden shed in order to protect the items in it from burglars. The plaintiff was a burglar who attempted to break into the shed in the middle of the night whereupon the defendant fired a shotgun through a hole in the door. The actions that followed attracted a lot of media attention. Mr Newbery was acquitted of a charge of assault. Mr Revill pleaded guilty to burglary but then sued Mr Newbery in the civil courts for damages for the injuries received. Despite being a trespasser at the time, it was held that OLA 1984 created a duty in his favour, even though he was engaged in a criminal enterprise. Mr Newbery had failed to take reasonable care for Mr Revill's safety and was, therefore, liable. Mr Revill was found to be two-thirds contributory negligent. Effectively, the court stated that a duty was owed to the plaintiff but that his damages should be reduced because he was partly to blame for the injuries he received.
Answer
Revill v Newbery [1996] 1 All ER 291
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Open it An interesting decision is that of Revill v Newbery [1996] 1 All ER 291. The defendant, a 76- year-old man, was sleeping in his garden shed in order to protect the items in it from burglars. The plaintiff was a burglar who attempted to break into the shed i
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